Dazio v. Wainwright’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * A proper distinction must be made between an unsworn hearsay declaration resorted to to prove an essential fact and the testimony of a witness on matters within his personal knowledge. In the former instance it is proper to require other evidence as a prerequisite whereas evidence of the latter sort rests on its own foundation. 31 C.J.S. Verbo Evidence § 226, states the rule thus: "`Any person who is a competent witness may testify on a matter of pedigree as to a declaration which was heard by him. "`With regard to reputation in the family, however, although there is some authority to the contrary, it is usually held that the reporting witness must be a member of the family by birth or marriage, and that such reputation cannot be proved by neighbors or other members of the community; but a witness whose knowledge of family matters was derived from intimate acquaintance with the family may testify as to facts of family history, such evidence being personal knowledge rather than mere hearsay. "Testimony concerning one's self. "`It has been held proper, where the evidence is otherwise competent, for one to testify to facts of family history which relate to him, such as the identity of his parents, or other relations, or the place of his birth, or, as appears, in infra § 227 b, his age.' [31] C.J.S. Evidence § 226, pp. 969, 970." Id. Dazio et al. v. Wainwright, 81 So.2d 96 (2d Cir. 1955).”

   1 later decision quote this exact passage
   e.g. 138 So. 2d 205 - Matthews v. Carter

2. “"Absence of a real and actual interest may be taken advantage of at any time during the trial of the suit. Article 346 of the Code of Practice. Where a party litigant fails to produce evidence of interest the court by reason of Article 15 of the Code of Practice may take cognizance thereof and dismiss the claim even though the defendant did not file a formal exception. Otwell v. Vaughan, 1937, 186 La. 911 , 173 So. 527 ; Tyler Co. v. Sutton, La. App.1951, 51 So.2d 401 ."”

   1 later decision quote this exact passage
   e.g. Succession of Vicknair